ANALISIS PENERAPAN PASAL 284 KITAB UNDANG-UNDANG HUKUM PIDANA TERHADAP PERKAWINAN TIDAK DICATATKAN YANG DISEBABKAN OLEH PERZINAHAN (STUDI PUTUSAN : Nomor 16/Pid.Sus/2020/PN Bhn dan Nomor 17/Pid.Sus/2020/PN Bhn)

This study discusses the application of Article 284 of the Criminal Code (KUHP) which regulates the crime of adultery in the context of a marriage that is not officially registered by the state. The focus of the study is directed at the legal analysis of two court decisions, namely Decision Number 16 / Pid.Sus / 2020 / PN Bhn and Number 17 / Pid.Sus / 2020 / PN Bhn, which show legal problems in the application of the article. The main problem raised is how adultery is processed legally if it is committed by the perpetrator in an unregistered marriage relationship, and how relevant the marital status is to proving the crime of adultery in the Indonesian criminal law system. The method used in this study is normative juridical with a statutory approach and case studies. The data collected comes from literature studies and legal documents, then analyzed qualitatively to obtain an overview of the application of criminal law norms in concrete cases.The results of the study indicate that adultery in the context of unregistered marriage can still be processed based on Article 284 of the Criminal Code. The Court in the two decisions still processed and found the defendant guilty based on the elements of the crime of adultery, even though their marriage relationship was not officially registered. This indicates flexibility in the application of criminal law norms, especially regarding moral values and substantive justice. The conclusion of this study confirms that marriage registration is indeed important legally, but in the context of criminal law enforcement, the substance of an unregistered husband-wife relationship can still be used as a basis for evidence in the crime of adultery, as long as the elements of Article 284 of the Criminal Code are met and there is no cancellation or denial by the interested party.